MITMUG V.

COMELEC
On Failure of Elections—Grounds

ONE-LINER: Before COMELEC can act on a verified petition seeking to declare a failure of
election, two (2) conditions must concur: first, no voting has taken place in the precinct or
precincts on the date 􀀺xed by law or, even if there was voting, the election nevertheless
results in failure to elect; and, second, the votes not cast would affect the result of the
election.

FACTS:
(The case contains several petitions, all with the same issue)
Both petitioner and respondent, Dagalangit were candidates for the mayoralty of Lumba-
Bayabao. Unfortunately, the turnout of voters during the 11 May 1992 election in Lumba-
Bayabao, Lanao del Sur, was abnormally low. As a result, several petitions were 􀀺led
seeking the declaration of failure of election in some or all the 67 precincts in the
municipality. Consequently, COMELEC ordered the holding of a special election in the 5
precincts which failed to function, and another special election for a 6th precinct on
another date.

General overview of voter turnout:

- Average voter turnout in 49 precincts was just 22.26%
- 5 of the 49 precincts did not conduct actual voting at all

The following petitions were forwarded:

1. Petition by Mitmug
- Sought the annulment of the special elections conducted by COMELEC
- Alleged irregularities such as alteration, tampering and substitution of
ballots
- Declared moot and academic by the COMELEC since votes were already
counted
2. Petition by Dagalangit (respondent)
- Sought the holding of the special elections mentioned above
- Alleged that ballot boxes were opened, and some ballots were torn to
pieces
- Granted by the COMELEC, thus the said special elections
3. (Another) Petition by Dagalangit
- Sought to exclude from the count, ballots in 6 precincts
- Alleged that the integrity of ballots therein was violated
4. Petition by Lonta (another mayoralty candidate)
- Sought the declaration of a failure of election in all 67 precincts
- Alleged massive disenfranchisement of all voters
- Dismissed by COMELEC because allegations did not support a case of
failure of elections
5. (Another) Petition by Mitmug
- Sought declaration of a failure of election in 49 precincts
- Alleged that less than a quarter of the electorate were able to cast their
votes
 - Dismissed by COMELEC

ISSUE/S: WON COMELEC acted with grave abuse of discretion when it denied the
petitions seeking the declaration of a failure of election in some or all the precincts in
Lumba-Bayabo.

RULING: NEGATIVE. Before COMELEC can act on a verified petition seeking to declare a
failure of election, two (2) conditions must concur: first, no voting has taken place in the
precinct or precincts on the date 􀀺xed by law or, even if there was voting, the election
nevertheless results in failure to elect; and, second, the votes not cast would affect the
result of the election.

In the case before us, it is indubitable that the votes not cast will de􀀺nitely affect the
outcome of the election. But, the first requisite is missing, i.e., that no actual voting took
place, or even if there is, the results thereon will be tantamount to a failure to elect. Since
actual voting and election by the registered voters in the questioned precincts have taken
place, the results thereof cannot be disregarded and excluded. COMELEC therefore did
not commit any abuse of discretion, much less grave, in denying the petitions outright.

There was no basis for the petitions since the facts alleged therein did not constitute
sufficient grounds to warrant the relief sought. For, the language of the law expressly
requires the concurrence of these conditions to justify the calling of a special election.

Indeed, the fact that a verified petition is 􀀺led does not automatically mean that a hearing
on the case will be held before COMELEC will act on it. The verified petition must still show
on its face that the conditions to declare a failure to elect are present. In the absence
thereof, the petition must be denied outright. Considering that there is no concurrence of
the two (2) conditions in the petitions seeking to declare a failure of election in forty-three
(43) more, precincts, there is no more need to receive evidence on alleged election
irregularities.